How Many Years for First Degree Murder?

First-degree murder typically carries 25 years to life in prison. In the 27 states that authorize capital punishment, the death penalty is also an option for the most aggravated cases. Some states set the floor much lower: Arkansas allows a first-degree murder sentence of 10 to 40 years or life, and Idaho requires a life sentence with a minimum period of confinement of at least 10 years. Most defendants, however, serve decades before any parole eligibility, assuming parole is available at all.

What Is First-Degree Murder?

First-degree murder is the most serious homicide charge in American law. The defining element is premeditation: the defendant planned or deliberated before killing the victim. Prosecutors do not need to show extensive advance planning; courts have upheld first-degree murder convictions where the defendant formed intent in a matter of seconds, so long as there was a distinct moment of reflection before the act.

Most states define first-degree murder to include:

• Willful, deliberate, and premeditated killings
• Killings committed during certain inherently dangerous felonies (felony murder, retained in most states)
• Killings of specific protected classes of victims (police officers, judges, children under a certain age)

How first-degree differs from second-degree murder: Second-degree murder typically involves an intentional killing without premeditation, or a killing that results from conduct showing extreme recklessness (depraved indifference to human life). The absence of prior planning is the core distinction. For a deeper look, see the difference between first-degree, second-degree, and third-degree murder.

How first-degree differs from capital murder: In Arkansas and a handful of other states, "capital murder" is a separate, higher charge reserved for the most aggravated killings: contract killings, multiple homicides, and killings of law enforcement officers. In Arkansas, capital murder is punishable by death or life imprisonment without parole. First-degree murder in Arkansas sits below that threshold, which is why its sentencing range starts at 10 years rather than at life. For more on that distinction, see what is capital murder.

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The Realistic Sentence Range

Minimums Across the Country

Arkansas: 10 to 40 years or life. Arkansas classifies first-degree murder as a Class Y felony, and the Arkansas Supreme Court has stated the range plainly: a Class Y felony "is punishable by a range of imprisonment of ten to forty years, or life" (Hall v. State, 2022 Ark. 16, citing Ark. Code Ann. 5-4-401(a)(1)). That 10-year floor is among the lowest in the country.

Idaho reaches a comparable floor by a different route. Under Idaho Code 18-4004, where the prosecution does not seek the death penalty, or where no statutory aggravating circumstance is found, the court imposes a life sentence carrying "a minimum period of confinement of not less than ten (10) years" during which the offender is not eligible for parole.

In most states, the floor is far higher:

• Many states set a minimum of 25 years before parole eligibility.
• A small group of states, including Iowa, Louisiana, Pennsylvania, and South Dakota, impose life without parole on an adult convicted of first-degree murder, or death where capital punishment is authorized and the prosecution seeks it. In those states, no term-of-years minimum applies to an adult, and release can come only through executive clemency. Iowa Code 902.1(1) says so directly: a person convicted of a Class A felony "shall not be released on parole unless the governor commutes the sentence to a term of years." Louisiana's first-degree murder statute, La. R.S. 14:30(C), directs death or life without parole where the district attorney seeks a capital verdict, and life without parole where the district attorney does not. Pennsylvania's murder statute, 18 Pa.C.S. 1102(a)(1), authorizes only death or a term of life imprisonment for murder of the first degree, and a Pennsylvania life sentence carries no parole eligibility.
• Defendants who were under 18 at the time of the offense are sentenced under separate provisions in those same states, because Miller v. Alabama bars any mandatory life-without-parole sentence for a juvenile. Iowa Code 902.1(2) gives the sentencing court three options for a juvenile convicted of first-degree murder, two of which carry the possibility of parole, and 18 Pa.C.S. 1102(a)(1) expressly excepts defendants sentenced under section 1102.1. See the juvenile section below.
• Most states make life without parole available only where specific aggravating factors are present; otherwise, a term of years or a life-with-parole sentence remains possible.

Two states that are sometimes grouped with the mandatory-LWOP jurisdictions in fact allow a term of years. Neither authorizes capital punishment, so life is the ceiling rather than the floor:

• Illinois is not a mandatory-LWOP state. Under 730 ILCS 5/5-4.5-20, first-degree murder carries a determinate term of "not less than 20 years and not more than 60 years," or "not less than 60 years and not more than 100 years when an extended term is imposed," or "natural life as provided in Section 5-8-1." Natural life is one authorized disposition reserved for statutorily specified circumstances, not the automatic result of every conviction.
• Maine is not one either. Title 17-A M.R.S. 1603(1) provides that a person convicted of murder "must be sentenced to imprisonment for life or for any term of years that is not less than 25." The sentencing court chooses between the two, and section 1603(2) directs the court to give special weight to aggravating factors including a victim under 6 years old, a pregnant victim, or domestic violence circumstances.

For the full state-by-state table of minimums and maximums, see murder sentencing guidelines.

Life With Parole vs. Life Without Parole (LWOP)

A sentence of "life in prison" does not always mean a person will die behind bars. The critical distinction is whether parole is available.

Life with the possibility of parole means the defendant becomes eligible for parole review after serving a specified number of years (often 25 to 30 for first-degree murder). A parole board then decides whether to grant release. Many inmates serving life with parole are never released even after reaching eligibility.

Life without the possibility of parole (LWOP) means the sentence is permanent. There is no parole hearing, no earned release date, and no mechanism for release other than executive clemency or a successful appeal. LWOP is sometimes called a "true life" sentence.

How long a life sentence actually lasts depends heavily on the state, the specific statute, and whether good-time or earned-time credits apply. For a detailed state-by-state breakdown, see how long is a life sentence.

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The Death Penalty in 2026: 27 States Still Authorize It

Capital punishment remains a legal sentencing option in 27 states as of 2026:

Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.

23 states plus Washington D.C. have abolished the death penalty. Recent legislative repeals include Virginia (2021), Washington (2023), and Colorado (2020).

Active Moratoria Among the 27

Even among states that retain capital punishment on the books, several are not currently carrying out executions:

• California: Governor Newsom issued a moratorium in 2019. The California Department of Corrections and Rehabilitation reported 568 people on condemned status as of July 7, 2026, the population having declined steadily in recent years.
• Pennsylvania: A moratorium has been in place since Governor Wolf in 2015, continued by Governor Shapiro.
• Ohio: Governor DeWine has paused executions; none are anticipated through 2026.
• Oregon: A moratorium has been in place since 2011. Governor Brown commuted all 17 death sentences to LWOP in December 2022, leaving death row empty. The statute remains on the books and Oregon should not be listed as an abolitionist state.

States Where Executions Resumed (2024-2025)

After years of legal delays and drug-shortage litigation, several states carried out executions again:

• South Carolina resumed executions in 2024, including the use of the firing squad in 2025.
• Louisiana resumed executions in 2025 using nitrogen hypoxia, ending a pause of roughly 15 years.
• Tennessee resumed executions on May 22, 2025 under a new single-drug pentobarbital protocol, and carried out three executions that year. Two more are scheduled for 2026, on August 13 and September 30. A separate 2026 execution date was halted in May after staff could not establish a secondary IV line, and Governor Lee granted a one-year reprieve.
• Utah executed Taberon Honie on August 8, 2024, the state's first execution in 14 years.
• Indiana resumed executions in December 2024.

Recent Legislative Developments

• Florida SB 450 (2023) reduced the jury threshold for a death recommendation from unanimous to 8 of 12 jurors.
• North Carolina HB 307 (October 2025) added execution methods and shortened capital appeals in an attempt to restart executions after a prolonged pause; roughly 122 people remain on North Carolina's death row.
• Idaho made the firing squad its primary execution method under a bill the governor signed on March 12, 2025, with the change taking effect July 1, 2026.
• At the federal level, the Biden administration commuted 37 of 40 federal death sentences in December 2024. The Trump administration lifted the federal moratorium in January 2025, with Attorney General Bondi rescinding the prior policy in February 2025.

The Death Penalty Information Center tracks all state-by-state capital punishment activity in real time at deathpenaltyinfo.org.

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Juvenile Offenders: No Mandatory JLWOP

Courts treat juvenile defendants differently when it comes to life sentences.

Miller v. Alabama (2012) held that mandatory life without parole for juvenile offenders violates the Eighth Amendment's prohibition on cruel and unusual punishment. A sentencer must have the ability to consider the defendant's youth and individual circumstances before imposing JLWOP.

Montgomery v. Louisiana (2016) made the Miller rule retroactive, meaning prisoners already serving mandatory JLWOP could seek resentencing.

Jones v. Mississippi (2021) clarified that while mandatory JLWOP is barred, a court does not need to make a separate explicit finding that a juvenile is "permanently incorrigible" before imposing discretionary JLWOP. The sentencer simply must have the discretion to consider youth as a factor.

The practical result: approximately 28 states plus Washington D.C. have now ended JLWOP either legislatively or as a result of these rulings. Juveniles convicted of first-degree murder in those jurisdictions will receive a sentence with some possibility of future release. In the remaining states, JLWOP is still available as a discretionary (not mandatory) option. For sentencing context on younger defendants, the murder sentencing guidelines page covers per-state parole eligibility rules.

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Factors That Move a First-Degree Murder Sentence

No two first-degree murder cases produce identical sentences. These factors commonly push the outcome toward the lower or upper end of the statutory range:

Aggravating Factors (Push Toward Maximum or Death)

• Prior felony convictions, especially prior violent offenses
• Multiple victims
• The victim was a law enforcement officer, judge, prosecutor, or child
• The killing was committed for hire (contract murder)
• The killing was especially heinous, cruel, or depraved
• The defendant was on supervised release at the time of the offense

Mitigating Factors (Push Toward Minimum)

• No prior criminal history
• Defendant's age (young adults and elderly defendants)
• Mental illness or intellectual disability
• History of abuse or trauma
• Cooperation with law enforcement or testimony against co-defendants
• Role as a lesser participant in a group offense

Plea Agreements

The majority of first-degree murder convictions, like most felony convictions, resolve through plea deals rather than trials. A defendant who pleads guilty to first-degree murder (or to an agreed-upon lesser charge such as second-degree murder) often receives a sentence below what a jury conviction would likely yield. Prosecutors may agree to take the death penalty off the table, or to recommend a specific term of years, in exchange for a guilty plea.

Capital cases follow the same pattern. A defendant facing a possible death sentence may plead guilty in exchange for the prosecution withdrawing its notice of intent to seek death, which caps the exposure at life imprisonment. Whether that trade is offered depends on the jurisdiction, the aggravating factors charged, and the strength of the evidence.

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By-State Highlights: Low Minimums and LWOP States

Rather than listing every state (see murder sentencing guidelines for that), here are notable reference points:

• Low minimums (Arkansas and Idaho, 10 years): Arkansas treats first-degree murder as a Class Y felony carrying 10 to 40 years or life (Hall v. State, 2022 Ark. 16). Idaho imposes a life sentence with a minimum period of confinement of at least 10 years where the death penalty is not sought or no statutory aggravating circumstance is found (Idaho Code 18-4004). Note that Arkansas's more serious "capital murder" charge is punishable only by death or life imprisonment without parole (Bienemy v. State, 2025 Ark. 70).
• Mandatory LWOP states: Iowa, Louisiana, Pennsylvania, and South Dakota impose life without parole, or death where it is authorized and sought, on adults convicted of first-degree murder, with no parole eligibility regardless of behavior or time served. Defendants who were under 18 at the time of the offense fall under separate provisions, because a mandatory life-without-parole sentence for a juvenile is unconstitutional. Illinois and Maine do not belong on this list: Illinois sets a determinate 20-to-60-year range under 730 ILCS 5/5-4.5-20, and Maine permits either life or a term of at least 25 years under 17-A M.R.S. 1603.
• 25-years-to-life as the common benchmark: Jurisdictions including California, New York, and many others use a 25-years-to-life structure for non-capital first-degree murder, making defendants eligible for parole consideration at the 25-year mark.
• Death-penalty states with active rows: Texas, California (568 people on condemned status as of July 2026, under a moratorium), Florida, and Alabama maintain among the largest death rows in the country.

For anyone researching a specific state's range, the full table is at murder sentencing guidelines.

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How First-Degree Murder Compares to Second-Degree

A quick reference on how these charges differ in practice:

For the complete breakdown, see how many years for second-degree murder and the difference between murder degrees.

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Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Sentencing laws change frequently, and outcomes in individual cases depend on facts, jurisdiction, and attorney strategy. If you or someone you know is facing a murder charge, consult a licensed criminal defense attorney in the relevant jurisdiction immediately.

Frequently Asked Questions

What is the minimum sentence for first-degree murder?

It depends entirely on the state. Arkansas is among the lowest: first-degree murder there is a Class Y felony carrying 10 to 40 years or life, so the statutory floor is 10 years. Idaho reaches a 10-year floor by a different route, requiring a life sentence with a minimum period of confinement of at least 10 years. Most states set the floor much higher, commonly 15, 20, or 25 years before any parole eligibility. A small group of states impose life without parole on adults, so no term-of-years minimum applies at all.

Do you get life for first-degree murder?

In most states, yes. A life sentence is the standard or maximum outcome for first-degree murder. Whether that means life with the possibility of parole or life without parole depends on the state, the facts of the case, and whether any mandatory-minimum statutes apply. Some states reserve LWOP for cases with aggravating factors; others make it automatic.

Can you get parole for first-degree murder?

It depends on the state and the specific sentence. If a defendant receives a life-with-parole sentence, they typically become eligible for parole review after 25 to 30 years in most jurisdictions. However, parole is never guaranteed: boards can deny release even after eligibility is reached. A small group of states, including Iowa, Louisiana, Pennsylvania, and South Dakota, impose life without parole on adults convicted of first-degree murder and allow no parole at all, leaving executive clemency as the only route out. Defendants who were under 18 at the time of the offense are sentenced under separate provisions, because a mandatory life-without-parole sentence for a juvenile is unconstitutional. Illinois and Maine are not mandatory-LWOP states: Illinois sets a 20-to-60-year determinate range under 730 ILCS 5/5-4.5-20, and Maine allows a term of years of at least 25 under 17-A M.R.S. 1603.

How many states have the death penalty?

As of 2026, 27 states authorize the death penalty for first-degree murder in the most aggravated cases. Twenty-three states plus Washington D.C. have abolished it. Of the 27 states that retain it, four (California, Pennsylvania, Ohio, and Oregon) have active moratoria and are not carrying out executions, though the statute remains on the books in each.

What is the difference between life and life without parole?

A sentence of life with the possibility of parole means the defendant will serve a mandatory minimum (often 25 years for first-degree murder) and then face periodic parole board reviews. Release is possible but not guaranteed. Life without parole (LWOP) means the sentence is permanent with no parole hearings, no release date, and no earned exit. The only paths out are executive clemency or a successful post-conviction appeal.

Can a juvenile receive a life sentence for first-degree murder?

Yes, but not a mandatory one. The Supreme Court ruled in Miller v. Alabama (2012) that mandatory life without parole for juvenile offenders is unconstitutional. Courts must have the discretion to consider the defendant's youth and circumstances. Discretionary JLWOP is still permitted after Jones v. Mississippi (2021). About 28 states and D.C. have gone further and ended juvenile LWOP entirely.

Does a plea deal reduce a first-degree murder sentence?

Often, yes. Most felony cases, including murder cases, resolve through negotiated pleas rather than trials. A prosecutor may offer to charge second-degree murder, accept a guilty plea to first-degree murder with a specific sentence recommendation, or agree to take the death penalty off the table in capital cases. The actual reduction depends on the facts, the jurisdiction, and the strength of the evidence.